"The university took the position that since he refused to respond to questions, they could not make any Title IX findings," attorney Baine Kerr said. "We have objected to that as impermissible reason to delay or terminate a Title IX sexual assault investigation because that would permit any charged party to thwart an investigation simply by refusing to answer questions."

Kerr has asked Florida State to re-open its investigation and charge Winston with code of conduct violations. The school declined to comment to USA Today, though in a statement responding to Wednesday's New York Times report on both the Tallahassee police and Florida State investigations of the claims against Winston, the school vehemently defended its handling of the case.